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2006-12-04_Memorandum_to_Petitioner_Opposition_to_Planning_Director_Motion_to_Dismiss_re_Herron_Whitehead
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2006-12-04_Memorandum_to_Petitioner_Opposition_to_Planning_Director_Motion_to_Dismiss_re_Herron_Whitehead
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UIPA has occurred, the proper forum for their complaint is either with the OIP or the circuit <br /> court <br /> IV CONCLUSION <br /> The Board's authority to issue a declaratory ruling under section 91-8, HRS, is limited by <br /> the powers granted to the Board by the Hawaii County Charter The powers granted by the <br /> Hawaii County Charter to the Board are to hear and determine appeals from final decisions of <br /> the Director regarding matters within his jurisdiction Because the issues presented in the <br /> Petition are not relevant to appeals from final decisions of the Director regarding matters within <br /> his jurisdiction, the Board is without authority to issue a declaratory ruling pursuant to 91-8, <br /> HRS <br /> Based upon all of the foregoing, the Director respectfully requests that the Board dismiss <br /> the Petition for Declaratory Ruling pursuant to Rule 6-4 of the BOA Rules <br /> Dated Hilo, Hawaii,December 4, 2006 <br /> CHRISTOPHER J YUEN, <br /> Planning Director, <br /> County of Hawaii, <br /> Appellee <br /> BY 62�) � <br /> G SELF <br /> Debuty Corporation Counsel <br /> His Attorney <br /> 6 <br />
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